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Judgment
By this common order both the Civil Revision Petitions are being disposed of.
These Civil Revision Petitions have been filed challenging the award dated 24.02.2026 in M.C.O.P.No.626 of 2025, passed by the Motor Accident Claims Tribunal cum Special Sub Court, Tiruchirappalli, directing the appellant Insurance Company to pay the award amount and recover the same from the insured.
The learned counsel appearing for the petitioners would submit that in the case on hand, the driver of the insured vehicle did not possess valid driving licence at the time of accident and therefore, there is a violation of policy conditions. In such circumstances, after deletion of the proviso to Section 149(4) of the Motor Vehicles Act, 1988 by way of Motor Vehicles Amendment Act, 2019, the Tribunals are not having power to order pay and recovery.
The point argued by the learned counsel appearing for the petitioners is no longer res integra. I had an occasion to consider this question in Branch Manager, SBI General Insurance Company Limited Vs. Muthulakshmi and others, reported in 2025 (1) TN MAC 597, wherein it was held that even after amendment, the Tribunals are having power to order pay and recovery. The said view was affirmed by a Division Bench of this Court in Branch Manager, ICICI Lombard General Insurance Company vs. Mariyapushpam and others, reported in 2026:MHC:1791.
In view of the categorical pronouncement of law by the Division Bench of this Court, the submission made by the learned counsel appearing for the petitioners cannot be accepted.
Accordingly, both the civil revision petitions are dismissed. Consequently, connected miscellaneous petitions are closed.